The hearing will come to order, thank you all very much. Im sorry emily. Today will have a hearing about reauthorizing the freedom act of 2015. We have two panels, basically theres four parts to the act. I want the panels to tell us the good, bad and the ugly of why we need these for tools and why we need to reauthorize the program in your view. What happens if we dont, would you accept any changes, what with those changes be and reset your testimony, im very interested in hearing from the National Security perspective of how the usa freedom act of 2015 is still relevant in 2019 and beyond and the tools available to Law Enforcement in the Intelligence Community provided by this act, how the relevant to the side were still in. Baghdadi is dead but the calls live, the effort to penetrate our countrys ongoing everyday, terrorist groups with a lot of different names are quid pro quo to come here to do us harm to hurt americans abroad in the war is far from over. I wish it were but it is not. There is no air force to shoot down, no navy to sink, no capital to conquer, this is ideology that must be combated and lets embrace this ideology, embrace death so the only way to protect america is to hit them before they hit you stop them over there before they get here. The only way to do that is to find out what theyre up to. Using acceptable tools within our constitutional democracy and without alternate over to feinstein. Thinks mr. Chairman. Alternate be redundant but i think its important because it provides an opportunity to take a good look at provisions of the usa freedom act that are set to expire at the end of this year on december 15. These are section 215, otherwise known as the Business Records that provision as well as walkers Top Authority in lone wolf provision. This committee actually played a key role in establishing and modifying these authorities. So i think its really important that we weigh in from time to time on any legislative changes that might be needed. I wanted to focus a few remarks on section 215 which allows the government to require a thirdparty such as phone companies to produce business as previously usedreviously u 2e by the National Security agency to conceal hundreds of millions of domestic phone records, Congress Prohibited this collection in the 2015 usa freedom act, introduced by senator lahey and lee. Now, instead of book collection by the government, records remain with phone providers and are searchable only with the pfizer order for a specific selection term. And that is generally a specific phone number or address. This call detail record which we call a cdr is meant to ensure that surveillance is sufficiently targeted. But, in june of 2018 nsa publicly announced that do to technical irregularity, the cdr program had received data that it was not legally authorized to receive. Moreover the agency could no longer distinguish between records that were obtained lawfully and those that were obtained unlawfully. As a result, innocent announced to delete all called detail records required over the last three years. In august, the director of National Intelligence confirmed that nsa had suspended the cdr program indefinitely do to the lack of intelligence value as well as cost and compliance issues. Despite this, the ministration is acceding congress to permanently authorize this program. It is not clear to me why a program with limited intelligence value and clear compliance problems should be reauthorize. And unless there is good reason to believe that it should, i do not believe we should reauthorizing. Thank you very much. Our first panel is brad, deputy assistant, mass security division. Deputy assistant director of counterterrorism action, susan morgan from the National Security agency. Chairman graham, Ranking Member feinstein and ricky members of the committee, thank you letting me testify for the Foreign Intelligence Surveillance Act or fisa. These are authorities that will expire at the end of this year unless reauthorize by congress. The administration strongly supports permanent reauthorizations of these provisions. Three of the authorities, Business Records, lone wolf provisions have been part of pfizer for over a decade. They been renewed by congo smokable times most recently in the freedom act of 2015 but before that the same authorities were reauthorize multiple times between 2005 and 2011 in each renewal gained bipartisan support. Today am going to give you a brief overview of three of the authorities and then ill turn over to my colleagues to address how they been used in practice and national secured. The mcauley from the nsa will address the cdr authority that senator feinstein described in targeted collections of data counterterrorism investigation. First the wiretap authority prethis enables the government to continue surveilling a pfizer Court ApprovedNational Security target when the target takes affirmative steps toward surveillance. These individuals who rapidly and repeatedly change Communication Service providers in order to invade government monitoring. The provision allows us to continue surveillance without having to go back to the fisa court for new order each time the target is found. The government has uses authority in a small number of cases each year. These cases tend to involve highly trained foreign Intelligence Officers operating within the United States to use these techniques for other targets including terrorism targets. The wiretap act has for decades contained a similar provision with ordinary criminal investigations lets say a drug dealer or organized crime figures who may take steps toward surveillance. Second, the Business Record authority. This allows the government to apply for the pfizer court in order to collect records, papers and other documents that are relevant to an authorized National Security investigation. It allows the government to obtain many of the same types of records that it can obtain a grand jury subpoena and ordinary case. For exhibit, it can be used to obtain drivers license records, hotel records, car rental records, shipping records, and the like. In most cases, these are records the government obtains in ordinary criminal civil investigation without any court order. The pfizer Business Record because National Security interest include the use of criminal authorities were because theres no criminal Investigation Underway and something that is purely an intelligence matter. This authority has been used several dozen times a year on average over the last few years. The Business Record provision is also the mechanism for the targeted collection of cdrs from u. S. Telecommunications service provider, mcauley from an essay will discuss in a few minutes this provision provides a way for the government for a pfizer court order to identify telephone contacts of suspected terrorist within the United States. Finally, we have the lone wolf provision. This enables the government to surveilled a foreign person who is engaged in International Terrorism who lacks connections to terrorist group. It also applies to foreign persons engaged in international of master structure. The government has not had encased to use alone will authority today but the government collection capably where they are concerned. For the surveillance of a foreign terrorist who might be inspired by Foreign Terrorist Group but who is not technically an agent of that group. So for an example, it would allow surveillance of a foreign person who self radicalized the propaganda on it the internet. Or known International Terrorist who severs his connection with the Foreign Terrorist Group. The use of any of this authority describe today requires approval from the pfizer group and understand they have described in law. Each requires strict rules governing the information as is obtain to u. S. Persons. Each of them is subject to extensive oversight as well as reporting requirements. As i said each is been renewed by congress multiple times in the past. Alternate over to my colleagues. Good morning chairman graham, Ranking Member feinstein and members of committee. Thank you for the opportunity to testify today with the provisions of the freedom act that will expire later the share unless reauthorize by congress. These provisions in many National Security investigations. I will likely not be able to get to specific examples of our provisions in an open setting, i will do my best with situations which demonstrate the Critical Role these tools play and National Security investigations. I have seen these provisions throughout my time at the counterintelligence agent and im looking forward to answering your questions today. National security threats have evolved significantly in the last 20 years from the perforation of smart phones to the expanding use of encryption, new technology has allowed actors who are in the shadows. Today, we have nearly universal access to the internet and anyone with a cell phone can view and become radicalized by extremist content. Our subjects are no longer forced to travel to other countries to communicate with other extremist with the security of the United States. Instead they can do this from the home. Because of this, we have a shift with individuals acting alone with multiple ideology with clear ties to anyone for an adversary. The identification and destruction is shrinking. As these have evolved congress has helped us ensure we prepared with the appropriate tools to protect the u. S. In its interest. Im here to talk about the expire provisions, what the fbi uses with fisa court oversight. As my colleague from the department of justice explains, we use the Business Record provision to obtain records for other things for use the National Security investigation. We often describe the Business Records as a billing block authority. That means we use it during the early stages of the investigation to build a case against National Security threats. Its important to note the response of Business Record orders do not contain content. The information we get for Business Record helps us meet the legal threshold needed to get an order from the pfizer court with a more advanced technique such as wiretap. For example, once we receive Business Record returns if the suspected terrorist is communicating with a known bomb maker would have relevant information to establish probable cause for a wiretap. Similarly if we receive Business Record return showing the suspected terraces buying bomb making material like fertilizer and ball bearings, that information can also help us establish probable cause. The Relevant Authority details that usa freedom act is an import provision that counteracts efforts by security threats including terrorist and Intelligence Officers to avoid court authorized surveillance. These have tactics that are creating new email account. Without this authority, it was struggle to maintain awareness and take action toward surveillance. The use of the National Security investigation is a tool to avoid missing critical intelligence that would be lost with our ability with delayed to obtain pfizer werent on our facility. The last authority the fbi request reauthorize the lone wolf provision. It has not yet been used, we believe its critical try National Security toolkit, extremist armand fbi top threat to the homeland. These individuals by definition not with the Foreign Terrorist Organization. Extremist are self regular christ online to tears propaganda and motivated to attack with no direction from individuals associated with Foreign Terrorist Organization. Rest assured, the lone wolf provision is narrowly terror alert as against nonus persons. These authorities are critically important to keep the market public safe. The fbi urges congress to reauthorize these authorities because were confident they will continue to play a role in the fbi security investigation as our adversaries continue to advance. Thank you for the opportunity to appear before today, im happy to answer any questions related to these authorities. Chairman, Ranking Member, distinguished members of the committee, thank you for the opportunity to testify today about the National Security agencies hold detailed Records Program. The authority for the call detail records or cdr program is among the important provisions of Foreign Intelligence Surveillance Act that will expire at the end of the year, this year unless reauthorize by congress. Congress added this authority to the Foreign Intelligence Surveillance Act four years ago in the usa freedom act as one of several significant reforms to enhance privacy and civil liberty. It replaced an essay with the new Legal Authority whereby the book mega data would remain the service provider. As this committee, 2015 report described the cdr authority provides a narrowly terror mechanism for the targeted collection of mated data for possible connection between foreign powers or agents of foreign powers as part of an authorized investigation to protect against International Terrorism. Critically, the provision authorizes the collection of metadata associated with telephone calls such as the originating or terminating in the date and time of a call but does not authorize collecting the content of any communicati communication, the name, address or Financial Information of a subscriber or customer or locational information. As this committee is aware, the nsa recently discontinued the cdr program and to lead the record under the cdr authority after balancing the programs intelligence value associated cost and complaints and data integrity confirmed. Nsa decision to dispense the program does not mean that congress should allow the cdr authority to expire. Rather, that decision shows the executive branch is a responsible steward of the Authority Congress affords it. As technology changes, our adversaries tradecraft and communication habits continue to evolve and adapt. In light of this dynamic environment, and is a support reauthorization of the cdr provision so that the government will retain the valuable tool should it prove useful in the future. Thank you again for the opportunity to testify today, i look forward to your questions. Senator leahy would you like to make another statement. I would. I appreciate that. I was proud to join senator lee and requesting this hearing. I think i speak for both senator lee and myself and thank you for holding this hearing. Im proud of our successful efforts in 2015 to pass usa freedom act, this is the first overhaul in government surveillance powers in decades. It had a significant Privacy Protection for the American People. Now we know we have the opportunity to learn, assess, respond to what has happened over the past four years. Its where we learn. We know that the government issued only 13 cdr program orders in 2018. But, they collect over 434 million records relating to over 19 million phone calls. Theres two incidents of overclocked and the result in the nsa purging all the record and decommission the program. We know the director dan acknowledged even as they requested a program of reauthorization all the authorities granted usa freedom, the cdr program relative intelligence value was negligent. Given all that, what dont we know, virtually quite a bit. Were only a month away for these it to expire and we dont know what caused the over collection, one company was responsible or white was not feasible to the nsa to identify or isolate them properly produce. Its not as though senator lee and i try to answer these questions, our questions prior to nature where we try to make sure that this was not a republican or democrat initially, it was an issue that the United States did not care about. Almost a year ago in december, 2018, senator lee and i wrote a letter to dni and Justice Department asking these and other questions. We still have not got a response. So almost seven months later in july we wrote again. Unfortunately we never got a response to either of these letters. Despite this, despite not answering our questions, the government is now requesting the permanent of reauthorization of all the authorities gran